"Yes, let him swear me," feebly replied the wounded man, "and then send for a clergyman."
The landlady immediately left to send for Mr. Goodwin, and the magistrate approached the head of the bed, and, speaking solemnly, exhorted the wounded man, as he expected soon to give an account of the works done in his body, to speak the truth, the whole truth, and nothing but the truth, without reserve, malice or exaggeration, both as to the deed and its provocation.
"I will I will—for I have sent for a minister and I intend to try to make my peace with heaven," replied Le Noir.
The magistrate then directed Capitola to come and take her stand at the foot of the bed, where the wounded man, who was lying on his back, could see her without turning.
Cap came as she was commanded and stood there with some irrepressible and incomprehensible mischief gleaming out from under her long eye-lashes and from the corners of her dimpled lips.
The magistrate then administered the oath to Craven Le Noir, and bade him look upon Capitola and give his evidence.
He did so, and under the terrors of a guilty conscience and of expected death, his evidence partook more of the nature of a confession than an accusation. He testified that he had addressed Capitola, and had been rejected by her; then, under the influence of evil motives, he had circulated insinuations against her honor, which were utterly unjustifiable by fact; she, seeming to have heard of them, took the strange course of challenging him—just as if she had been a man. He could not, of course, meet a lady in a duel, but he had taken advantage of the technical phraseology of the challenged party, as to time, place and weapons, to offer her a deep insult; then she had waylaid him on the highway, offered him his choice of a pair of revolvers, and told him that, having met, they should not part until one or the other fell from the horse; he had again laughingly refused the encounter except upon the insulting terms he had before proposed. She had then thrown him one of the pistols, bidding him defend himself. He had laughingly passed her when she called him by name, he had turned and she fired—six times in succession, and he fell. He knew no more until he was brought to his present room. He said in conclusion he did not wish that the girl should be prosecuted, as she had only avenged her own honor; and that he hoped his death would be taken by her and her friends as a sufficient expiation of his offenses against her; and, lastly, he requested that he might be left alone with the minister.
"Bring that unhappy young woman over to my office, Ketchum," said the magistrate, addressing himself to a constable. Then turning to the landlord, he said:
"Sir, it would be a charity in you to put a messenger on horseback and send him to Hurricane Hall for Major Warfield, who will have to enter into a recognizance for Miss Black's appearance at court.
"Stop," said Cap, "don't be too certain of that! 'Be always sure you're right—then go ahead!' Is not any one here cool enough to reflect that if I had fired six bullets at that man's forehead and every one had struck, I should have blown his head to the sky? Will not somebody at once wash his face and see how deep the wounds are?"